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A BILL TO BE ENTITLED
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AN ACT
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relating to credit card marketing activities at postsecondary |
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educational institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 35, Business & Commerce |
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Code, as added by Chapter 130 (H.B. 85), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended by adding Section |
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35.1325 to read as follows: |
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Sec. 35.1325. PROHIBITION AGAINST DISCLOSURE OF STUDENT |
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CONTACT INFORMATION TO CREDIT CARD ISSUER. A postsecondary |
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educational institution may not disclose to a credit card issuer |
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contact information regarding any student of the institution. For |
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purposes of this section, a student's contact information includes |
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the student's name, telephone number, e-mail address, permanent or |
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campus residence address, and mailing address. If the institution |
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is subject to Chapter 552, Government Code, the institution is not |
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required to seek a decision from the attorney general under that |
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chapter in order to withhold student contact information from a |
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credit card issuer that makes a written request for the |
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information. |
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SECTION 2. Section 35.135, Business & Commerce Code, as |
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added by Chapter 130 (H.B. 85), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended to read as follows: |
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Sec. 35.135. RESTRICTION ON GIFTS OR INCENTIVES FOR |
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COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not |
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offer a gift or other incentive in exchange for the completion of a |
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credit card application as part of a campus credit card marketing |
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activity [unless the credit card issuer, at the time the credit card
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issuer provides a credit card application to an individual,
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provides financial educational material developed under Section
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35.133 to the individual]. |
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SECTION 3. Subchapter B, Chapter 761, Business & Commerce |
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Code, as effective September 1, 2009, is amended by adding Section |
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761.0515 to read as follows: |
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Sec. 761.0515. PROHIBITION AGAINST DISCLOSURE OF STUDENT |
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CONTACT INFORMATION TO CREDIT CARD ISSUER. A postsecondary |
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educational institution may not disclose to a credit card issuer |
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|
contact information regarding any student of the institution. For |
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|
purposes of this section, a student's contact information includes |
|
|
the student's name, telephone number, e-mail address, permanent or |
|
|
campus residence address, and mailing address. If the institution |
|
|
is subject to Chapter 552, Government Code, the institution is not |
|
|
required to seek a decision from the attorney general under that |
|
|
chapter in order to withhold student contact information from a |
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credit card issuer that makes a written request for the |
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information. |
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SECTION 4. Section 761.052, Business & Commerce Code, as |
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effective September 1, 2009, is amended to read as follows: |
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Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR |
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COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not |
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offer a gift or other incentive in exchange for the completion of a |
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|
credit card application as part of a campus credit card marketing |
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activity [unless the credit card issuer, at the time the credit card
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issuer provides a credit card application to an individual,
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provides financial educational material developed under Section
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761.101 to the individual]. |
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SECTION 5. (a) Sections 1 and 2 of this Act take effect |
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only if the Act of the 81st Legislature, Regular Session, 2009, |
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relating to nonsubstantive additions to and corrections in existing |
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codes does not become law. |
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(b) Sections 3 and 4 of this Act take effect only if the Act |
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of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes |
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becomes law. |
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SECTION 6. This Act takes effect September 1, 2009. |